Commission of Certain Unlawful Acts

NRS 207.185 – Penalty for Commission of Certain Unlawful Acts by Reason of Discrimination

Under Nevada State NRS 207.185, it is a crime to commit certain unlawful acts by reason of discrimination.

This page will explain what the penalty for commission of certain unlawful acts by reason of discrimination is, how to defend against this charge, and the potential penalties one might face if convicted of the crime.

Committing an unlawful act by reason of discrimination as a Crime under NRS 207.185

In the state of Nevada, it is a crime to commit certain crimes against another person or group on account of their real or perceived:

• Race
• Color
• Religion
• National Origin
• Physical or mental disability
• Sexual orientation
• Gender Identity

This statute applies to the following crimes:

• Assault
• Battery
• Harassment
• Stalking
• Breach of the Peace
• Assembling to disturb the peace or commit an unlawful act
• Provoking the commission of breach of peace
• Unlawful assembly
• Armed association
• Disturbing meeting
• Offenses in public conveyance
• Criminal anarchy
• Commission of an act in a public building or area interesting with peaceful conduct of activity
• Theft
• Petit larceny
• Unlawful taking of a vehicle
• Injuring or tampering with a vehicle
• Throwing a substance at or willfully damaging a bicycle or motor vehicle
• Destruction or damage to property by an unlawful assembly
• Entering property with the intention to damage or destroy property
• Damage to property used for religion
• Nuisance in building or trespass upon the ground
• Posting of bills, signs, or posters unlawful
• Injury to property
• Placing graffiti on or otherwise defacing property
• Threatening or obscene letters or writing
• Unlawful trespass upon land
• Destruction of signs or notices forbidding trespass

These crimes are generally charged as misdemeanors; however, if the reason they were committed is that the intended victim is a member of one of the discriminatory classes listed earlier, these crimes will instead be charged as a gross misdemeanor and be punished more harshly.

It should also be noted that this statute will apply based on a person’s real or perceived inclusion in one of the discriminatory groups. So, the victim does not have to be a member of one of the discriminatory classes; they only must be perceived as being a person in one of those discriminatory classes.

Defenses to a charge of committing an unlawful act by reason of discrimination

If you or a loved one has been charged with this crime in Nevada, it is important to remember that the burden of proof is upon the State of Nevada to show beyond a reasonable doubt that you have committed the crime. Most crimes have defenses that can be raised to refute the state’s argument. An experienced attorney may raise the following defenses against a charge of committing an unlawful act by reason of discrimination:

• Non-discrimination. The state must prove that the reason the crime was committed was that the victim was part of a discriminatory class of people. It may be that the crime was indeed committed, but not on account of the victim’s inclusion in a discriminatory class. In this case, the underlying crime would stand, but the additional enhancement charge of committing an unlawful act by reason of discrimination would not.